CHAPTER 179: DISPUTE RESOLUTION AND CONFLICT MANAGEMENT

As used in sections 179.01 to 179.04 of the Revised Code:

(A) “Dispute resolution and conflict management” includes any process that assists persons with a dispute or a conflict to resolve their differences without further litigation, prosecution, civil unrest, economic disruption, or violence.

(B) “Dispute resolution and conflict management program” means any of the following:

(1) A program that provides or encourages dispute resolution and conflict management, including, but not limited to, a program that provides or encourages mediation or conciliation, a mini-trial program, a summary jury trial, or nonbinding arbitration. The program may serve the legal community, business community, public sector, private sector, or private individuals, or any combination of them, and its scope may include disputes and conflicts in the domestic context, international context, or both.

(2) A program that provides education or training, in the primary and secondary schools and colleges and universities of this state, as well as in other appropriate educational forums, about the elimination, prevention, resolution, and management of disputes and conflicts in the domestic and international context.

(3) A program that provides or encourages dispute resolution and conflict management, as described in division (B)(1) of this section, and provides education or training, as described in division (B)(2) of this section.

Effective Date: 06-30-1995

(A) There is hereby established the Ohio commission on dispute resolution and conflict management, consisting of twelve members, unless a vacancy exists in an appointment at any given time. The purpose of the commission is to provide, coordinate, fund, and evaluate dispute resolution and conflict management education, training, and research programs in this state, and to consult with, educate, train, provide resources for, and otherwise assist and facilitate other persons and public or private agencies, organizations, or entities that are engaged in activities related to dispute resolution and conflict management. Four members of the commission shall be appointed by the governor, four members shall be appointed by the chief justice of the supreme court, two members shall be appointed by the president of the senate, and two members shall be appointed by the speaker of the house of representatives.

Within thirty days after June 30, 1995, the governor, the chief justice of the supreme court, the president of the senate, and the speaker of the house of representatives shall make initial appointments to the commission. Of the initial appointments made to the commission by the governor and the chief justice, two each shall be for a term ending two years after June 30, 1995, and two each shall be for a term ending four years after that date. Of the initial appointments made to the commission by the president of the senate and the speaker of the house of representatives, one each shall be for a term ending two years after June 30, 1995, and one each shall be for a term ending four years after that date. Thereafter, terms of office shall be for three years, with each term ending on the same day of the same month of the year as the term that it succeeds. Each member shall hold office from the date of appointment until the end of the term for which appointed. Members may be reappointed.

Vacancies shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which the member’s predecessor was appointed shall hold office as a member for the remainder of that term.

A member shall continue in office subsequent to the expiration date of the member’s term until the member’s successor takes office or until a period of sixty days has elapsed, whichever occurs first.

(B) The commission shall meet within two weeks after all of its initial members have been appointed, at a time and place determined by the governor. Thereafter, the commission shall meet at least quarterly, or more often upon the call of the chairperson or at the request of the executive director of the commission.

The commission shall organize by selecting from among its members a chairperson, a vice-chairperson, and other necessary officers. All officers shall be elected annually by vote of the members of the commission.

Each member of the commission shall have one vote. A majority of the members of the commission, as it exists at any given time, constitutes a quorum, and the votes of a majority of the members present at a meeting of the commission are required to validate an action of the commission.

(C) The members of the commission shall serve without compensation, but each member shall be reimbursed for actual and necessary expenses incurred in the performance of official duties, and actual mileage for each mile necessarily traveled in the performance of official duties.

Effective Date: 09-05-2001

(A) The Ohio commission on dispute resolution and conflict management shall do all of the following:

(1) Appoint and set the compensation of an executive director, who shall serve at the pleasure of the commission;

(2) Establish and maintain a central office;

(3) Adopt rules to govern the application for, and the awarding of, grants made available by the commission under sections 179.01 to 179.04 of the Revised Code out of the dispute resolution and conflict management commission gifts, grants, and reimbursements fund established by division (C) of this section;

(4) Seek, solicit, and apply for grants from any public or private source to provide for the operation of dispute resolution and conflict management programs in this state;

(5) Adopt standards for the evaluation of dispute resolution and conflict management programs funded pursuant to sections 179.01 to 179.04 of the Revised Code;

(6) Provide technical aid and assistance to dispute resolution and conflict management programs, to centers that provide these programs, and to public and private agencies and organizations that provide these programs or engage in dispute resolution and conflict management services;

(7) Approve an annual operating budget;

(8) Prepare an annual report on the operation of the commission and the office established by the commission, and provide the report to the governor, the supreme court, and the general assembly.

(B) The commission may do any of the following:

(1) Receive and accept donations, grants, awards, bequests, gifts, reimbursements, and similar funds from any lawful source;

(2) Accept the services of volunteer workers and consultants at no compensation, other than reimbursement for actual and necessary expenses incurred in the performance of their official duties, and reimburse any volunteer workers or consultants for their actual and necessary expenses so incurred;

(3) Prepare and publish statistical data and case studies and other data pertinent to the development, operation, and evaluation of dispute resolution and conflict management programs and centers that provide these programs or engage in dispute resolution and conflict management services;

(4) Conduct programs that have a general objective of training and educating mediators and other persons engaged in providing dispute resolution and conflict management services;

(5) Develop programs and curricula that are designed to provide dispute resolution and conflict management training and education for public and private education, as well as other appropriate education forums;

(6) Enter into contracts for dispute resolution and conflict management services or authorize the executive director to enter into those contracts.

(C) There is hereby established in the state treasury the dispute resolution and conflict management commission gifts, grants, and reimbursements fund. All donations, grants, awards, bequests, gifts, reimbursements, and similar funds received by the commission under this section shall be deposited in the fund.

Effective Date: 09-05-2001

(A) No person shall be appointed executive director of the Ohio commission on dispute resolution and conflict management unless the person is trained in law, public affairs, business administration, or social sciences and the person has experience in administering dispute resolution and conflict management programs or services. The executive director appointed by the commission shall serve at the pleasure of the commission.

(B) The executive director shall do both of the following:

(1) Appoint and set the compensation of personnel who are necessary for the efficient operation of the office established by the commission, with the approval of the commission;

(2) Keep and maintain financial records pertaining to the awarding of grants and contracts authorized under sections 179.01 to 179.04 of the Revised Code, and report periodically, but not less than annually, to the commission on all relevant data pertaining to the operations, costs, and projected needs of the office established by the commission and on recommendations for legislation or amendments to court rules that may be appropriate to improve dispute resolution and conflict management programs.

(C) The executive director may do any of the following:

(1) Make all necessary arrangements to coordinate the services of the office established by the commission with any federal, state, county, municipal, township, or private entity or program established to provide dispute resolution and conflict management services and to obtain and provide all funds allowable from any such entity or under any such program;

(2) Consult and cooperate with professional groups concerned with the study, development, implementation, and evaluation of dispute resolution and conflict management programs and services and the operation of the office established by the commission;

(3) Accept the services of volunteer workers and consultants at no compensation, other than reimbursement for actual and necessary expenses incurred in the performance of their official duties, and provide for the reimbursement of any volunteer workers or consultants for their actual and necessary expenses so incurred;

(4) Prescribe any forms that are necessary for the uniform operation of sections 179.01 to 179.04 of the Revised Code;

(5) With the authorization of the commission, enter into contracts for dispute resolution and conflict management services.

Effective Date: 09-05-2001